Auto Collision – Alamosa County

November 2002
ŸNeck Strain – Pre-existing knee injuries with surgeryŸ
Final offer before trial:  $60,000
TOTAL JUDGMENT:  $461,964

ALAMOSA COUNTY DISTRICT COURT

Ida Charlotte Manzanares v. Wayne E. Richardson and A & L Coors, Inc.

Case No: 0lCV-17

Judge: Amanda K. Pearson

Trial Dates: November 6 – 8, 2002

Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)

Defendant’s Attorney: Tom Henderson (Burg, Simpson, Eldredge, Hersh & Jardine, PC)

Type of Claim: Personal injury – auto collision. The plaintiff, Ida Manzanares, alleged she was injured on June 26, 2000, as a result of a motor vehicle collision with a vehicle driven by the defendant Wayne E. Richardson, an employee of A & L Coors, Inc. The plaintiff said that she was traveling 30 mph on a through street when the defendant pulled away from the stop sign and struck the left rear quarter panel of her vehicle. The plaintiff indicated no injury at the accident scene. The plaintiff claimed economic and non-eco­nomic losses and physical impairment as a result of the collision. The defendant driver admitted fault during trial. The defendants denied” causation and disputed the nature and extent of the plaintiff’s injuries and dam­ages. The defendant claimed that there was minimal damage to the plaintiff’s vehicle. The defendant main­tained that the plaintiff suffered an injury in a prior motor vehicle collision and she failed to inform her treating physicians that her condition was diagnosed as a “permanent major impairment” with a prognosis of “poor.”. The defendant claimed that the plaintiffs knee injury was not caused by this accident. According to the plaintiffs attorneys, Jon McMillan, MD, testified that the arthroscopic surgeries he performed on the plain­tiff s knees may not have been necessary.

Injuries Alleged: Aggravation of a pre-existing condition of chondromalacia in both knees resulting in arthro­scopic chondroplasty and lateral release to both knees. Cervical strain resulting in chronic myofascial pain. Non-surgical herniated cervical disc. The plaintiff is an infant care provider and seamstress, and she alleged that as a result of injuries sustained in the June 26, 2000 accident, she could no longer work in those occupations and would require re-training.

Final Demand Before Trial: $800,000.

Final Offer Before Trial: $60,000 offer of settlement.

Plaintiff’s Expert Witnesses: Jon McMillan, MD (treating orthopedic surgeon, via deposition) Katharine Leppard, MD (treating physical medicine and rehabilitation specialist, by video), Colorado Springs Doris Striver (occupational therapy and vocational rehabilitation) Wayne Gardenswartz, CPA (by video)

Defendant’s Expert Witnesses: Steven Murk, MD (plaintiffs treating neurologist, by video) Hendrick Arnold, MD (orthopedic surgeon, regarding an IME)

Verdict: For the plaintiff:

• $250,000 for economic losses
• $12,500 for non-economic losses
• $100,000 for physical impairment

Total: $362,500 plus statutory interest from the date of the accident, June 26, 2000.

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